hello. Can you please tell me when you gave your notice to quit?
The landlord asked if we wanted to renew and my response was:
"I'm not intending on remaining at the property for another tenancy, however Lee is and we will endeavour to find a replacement to continue the tenancy."
I'm guessing that's not good enough
thank you. When was this please?
17th of january
sorry, am a little stressed out with all this!
thank you. There is generally no obligation on a tenant to give notice if they intend to leave at the end of a fixed term tenancy. yyou have advised your landlord thank you intend to leave after the expiry of the fixed-term, and he has no right to demand that you find a replacement tenant. he might be able to demand that you find a replacement tennant if you were seeking to leave during the fixed-term, and i wonder if the agents have misunderstood our situation here.
apologies for the poor typing above. I am using voice recognition for the first time!
My housemate has indicated that she wishes to stay, and has emailed them as such telling them as much
Sorry, I'm a little stressed and my typing has gone to pot
(maybe voice recognition would be better!)
Should it be after this date, then there will be a charge of £210.00 (£175.00 plus VAT) to renew the existing Tenancy on 1st April 2014 for Ms Howard and Mr Mason as it will now be a rolling contract and then when the new Tenant is found, an additional cost of £372.00 for the amendments to the Tenancy, (as an addendum will need to be drawn up) and for referencing.
i suggest that you write back to the agents and tell them that you have no legal obligation to find a new tenant and that you have no legal liability to continue to pay the rent after the expiry of the fixed-term.
Ok, I spoke to them over the phone and they said that unless both tenants agreed to leave the tenancy would become a rolling monthly agreement and that I would have to pay for a new contract and be obligated to keep paying rent
new contract being about 200 pounds
thank you. I think the point here is that you wish to leave the property. This will be on the expiry of the current fixed term tenancy. if you wanted the tenancy to continue as a periodic tenancy then the situation might be different.
ok, is there any specific period of notice required for a fixed term joint tenancy
I can't find anything on the web, but a lot of vague information about notice to quit and it having to be 'a valid written notice and there are special rules about how and when this must be done.'
thank you. I note that you have been told that both tenants must agree that you can leave h. However, this is not true. A tenancy only continues if all parties want it to.
That's what I assumed, but the person I spoke to at alex neil indicated that I couldn't leave the contract unless I found a replacement or both of us agreed to leave - I'm originally from Australia and so was unsure if this was true.
There was nothing in the tenancy agreement about this, and so I assumed it was something strange regarding joint tenancies here I was unaware of.
You do not need to have given a notice. Your tenancy is coming to an end. Normally, if the tenants want it to roll on, it will do so. However, if one party wants to leave, that mean it will not roll on. Your flat mate could stay, but that's between him and the landlord.
Ok, thanks for that, this has be unbelievably stressful to deal with so far.
You have been misinformed. I am not surprised you are stressed!
I was afraid I was locked into this contract - the lady at Alex Neil was very firm about me having to find a replacement or keep paying
Tell the agent you are leaving at the end of the month and what your flatmate does is up to him.
I'm assuming that unless I actually sign the agreement I'm not obligated to stay, despite what my co-tenant & land agent have been email each other about then?
Thanks so much for your help, I was really worried.
You can't be locked in if it is expiring. They have misunderstood. If you were trying to leave during the fixed term then they'd be right. However, all your saying is that you don't want to comtinue with a periodic tenancy afer te fixed term expires.
Glad to have helped. Please don't forget to leave a rating for me.
Ok thanks, XXXXX XXXXX them tomorrow and let them know I'm not staying!
So I don't need to give a notice to quit in writing or do anything like that? Or should I email them, is that enough?
good luck. And sorry again for the poor typing. this is my first attempt with voice recognition software!
Sorry to ask again, I just want to be 100% sure when I tell them that I'm not obliged to do anything further
They were very adamant on the phone
Ok thanks again, you've been very helpful.
you are under no obligation to provide any notice. You have already told them that you are leaving and i suppose it is courteous to advise them of this.
Ok, thanks again, you've been extremely helpful. Thanks again.
Hello again, I have found the following information online:
section 5(3)(b) HA 1988 is quite clear. A Statutory Periodic Tenancy is "deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy". The effect therefore is that a joint tenant is committed not only to the fixed term, but also to the first two periods of the SPT if one or more of his co-tenants remains in occupation.
This seems to go against your advice from last night and I am somehow locked into the tenancy for an additional 2 months.